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HomeMy WebLinkAbout2023-06-02Clarftwn Electronic Council Communications Information Package Date: June 2, 2023 Time: 12:00 PM Location: ECCIP is an information package and not a meeting. Description: An ECCIP is an electronic package containing correspondence received by Staff for Council's information. This is not a meeting of Council or Committee. Alternate Format: If this information is required in an alternate format, please contact the Accessibility Coordinator, at 905-623-3379 ext. 2131. Members of Council: In accordance with the Procedural By-law, please advise the Municipal Clerk at clerks@clarington.net, if you would like to include one of these items on the next regular agenda of the appropriate Standing Committee, along with the proposed resolution for disposition of the matter. Items will be added to the agenda if the Municipal Clerk is advised by Wednesday at noon the week prior to the appropriate meeting, otherwise the item will be included on the agenda for the next regularly scheduled meeting of the applicable Committee. Members of the Public: can speak to an ECCIP item as a delegation. If you would like to be a delegation at a meeting, please visit the Clarington website. June 2, 2023 Electronic Council Communications Information Package (ECCIP) Pages 1. Region of Durham Correspondence 1.1 Notice of Adoption - Durham Region 2023 Official Plan - May 30, 2023 3 1.2 Monitoring of Growth Trends - June 2, 2023 5 2. Durham Municipalities Correspondence 2.1 City of Pickering - Train Derailment - Hazardous Materials - May 29, 11 2023 2.2 City of Oshawa - City Comments on the Proposed Provincial Planning 13 Statement and Summary of Changes Resulting from Bill 97, the Helping Homebuyers, Protecting Tenants Act, 2023 - May 30, 2023 3. Other Municipalities Correspondence 4. Provincial / Federal Government and their Agency Correspondence 4.1 Ministry of Natural Resources and Forestry - Streamlining of Approvals 39 under the Aggregate Resources Act and Supporting Policy - May 29, 2023 5. Miscellaneous Correspondence 5.1 Kawartha Pineridge District School Board - Notice of Intention to Dispose 41 of Property - 2226 Maple Grove Road, Bowmanville Page 2 Date of Decision: May 17, 2023 Date of Notice: May 30, 2023 The Regional Municipality of Durham Notice of Adoption In accordance with Section 17 (22) and 26 of the Planning Act, R.S.O 1990, C.P.13, the Council of the Regional Municipality of Durham passed By-law No. 38-2023, adopting the Durham Region 2023 Official Plan, on May 17, 2023. This Notice of Adoption is issued pursuant to Section 17(23) of the Planning Act. Purpose and Effect of the Requested Official Plan Amendment The purpose and effect of this adoption is to repeal the existing Regional Official Plan, and to establish a new Regional Official Plan upon approval by the Minister of Municipal Affairs and Housing. The new Regional Official Plan is intended to guide decisions on long-term growth, infrastructure investment and development — providing strategic policy direction to ensure an improved quality of life — to secure the health, safety, convenience and well-being of present and future residents of Durham. The new Regional Official Plan includes policy and mapping changes required to conform to provincial plans and policies. The Regional Official Plan provides policies and strategic directions that guide future growth, infrastructure and service delivery, land use planning, and development related matters. The new Regional Official Plan was prepared in conformity to the Greenbelt Plan (2017), the Growth Plan for the Greater Golden Horseshoe (2020) and is consistent with the Provincial Policy Statement (2020). The adopted Regional Official Plan and background materials are available at www.durham.ca/envisiondurham. The adopted Regional Official Plan is also available for viewing at the Front Desk of the Regional Municipality of Durham, 605 Rossland Road East, First Floor, Whitby, Ontario, Monday to Friday between 8:30 a.m. and 4:30 p.m. For more information on the new ROP, contact Planning and Economic Development at envisiondurham ccDdurham.ca or call 905-668-7711. Written and Oral Submissions Public consultation on the adoption was undertaken in accordance with the requirements of the Planning Act. The Region received written and oral submissions on the adoption. All submissions were given full consideration. Further details regarding how the public input was considered is available in Commissioner's Report #2023-P-15 and #2023-P-6. If this information is required in an accessible format, please contact 1-800-372-1102 ext. 2097 Page 3 Decision of Regional Council The Council of the Regional Municipality of Durham adopted the new Durham Regional Official Plan by By-law No. 38-2023, on May 17, 2023. When the Decision Becomes Final: The Minster of Municipal Affairs and Housing is the approval authority for this new Regional Official Plan under Sections 17 and 26 of the Planning Act. Any person or public body is entitled to receive notice of the Minister's decision regarding the new Durham Regional Official Plan if a written request containing the person's or public body's address is made to the Minister. Requests to receive the Notice of Decision should be sent to: Laurie Miller, Regional Director, Planning Ministry of Municipal Affairs and Housing Municipal Services Office Central Ontario 777 Bay Street, 16th Floor Toronto, ON M7A 2J3 Email requests can be sent to msoc.admin@ontario.ca Page 4 If this information is required in an accessible format, please contact 1-800-372-1102 ext. 2564 The Regional Municipality of Durham Information Report From: Commissioner of Planning and Economic Development Report: #2023-INFO-51 Date: June 2, 2023 Subject: Monitoring of Growth Trends, File: D01-02-01 Recommendation: Receive for information Report: 1. Purpose 1.1 This report is the first of two biannual reports monitoring growth trends in Durham. It presents historical population and household data for the Region and area municipalities for the 2018 to 2022 period. 1.2 The data is provided for the end of May to correspond with the timing of a Census and for December. Information presented in this report is intended for use in various Regional background studies and programs as well as other agency initiatives. 1.3 The methodology that was developed for estimating population and households in Durham had not changed significantly for over a decade, while the housing market and regional demographics have changed significantly. Importantly, the data that is available has also changed. This year, modifications to the process for estimating population and households include incorporating Statistics Canada Annual Demographic Estimates, having consideration for demolitions, vacant homes, short- term rentals and dwellings occupied by non -permanent residents such as international students and temporary foreign workers. Page 5 Paae 2 of 4 2. Previous Reports and Decisions 2.1 Monitoring of Growth Trends (2022-INFO-97 2.2 Monitoring of Growth Trends (2022-INFO-53) 3. Historical population and household estimates (2018-2022) 3.1 The population and household estimates presented in Attachment 1 are based on: • Statistics Canada Census information for 2016 and 2021 including an estimate for net undercoverage'; • Statistics Canada Annual Demographic Estimates; • Canada Mortgage and Housing Corporation (CMHC) monthly housing completion data for non -Census years; and • Building permits issued for residential demolitions. 3.2 For this year, the methodology for estimating both population and households has been updated to account for challenges2 that were identified following the release of the 2021 Census of Population. 3.3 Base -year household estimates are founded on information from the Statistics Canada Census. Household estimates for 2016 and 2021 are based on the Statistics Canada Census counts for "Private dwellings occupied by usual residents". 3.4 For interim years, CMHC housing completions are used to approximate the number of new households added each year; however, the completions are no longer the basis for estimating population growth where July 1st population estimates are available from Statistics Canada3. 1. Net undercoverage refers to the net population counts that are missed during the Census enumeration due to persons with no usual residence, incorrect questionnaires, missed dwellings, away from home, etc. 2. Estimates based on housing completions were lower than private dwellings occupied by usual residents reported by the Census, which may have been influenced by an increase in residential demolitions, vacant homes, short-term rentals and dwellings occupied by non -permanent residents such as international students and temporary foreign workers between Census enumeration years. 3. For years where population estimates are not published on the Data Tracker, household growth is still used to approximate the increase in population. At the time this report was prepared, population estimates for July 1st, 2022, were not available through the Data Tracker. Page 6 Paae 3 of 4 3.5 The Statistics Canada Annual Demographic Estimates are calculated from federal records for births, deaths, immigration and emigration. The Health Department receives data from the Ministry of Heath and Long-term Care that based on the same Statistics Canada reporting, to inform their demographic analysis. 3.6 Population estimates for this report are based on Statistics Canada Annual Demographic Estimates, that are published on the Durham Region Population Data Tracker4. 3.7 Previous reports had overestimated the number of new households created between 2016 and 2021. This was the result of a small proportion of completions that were not occupied, and some instances where the new residential unit replaced an older home that was demolished. Census reporting indicated that the number of households was 1,335 lower than previously estimated in report 2021-INFO-132. 3.8 To account for this refinement, household estimates now calibrated to consider demolitions and apply a conservative vacancy rate (0.5%) for new residential units. Accordingly, December 2021 and May 2022 household and population estimates are lower than previously reported (0.1 % and 0.2% respectively). 3.9 The semi-annual population estimates presented in Attachment 1, indicate that the Region's annual population growth increased by 10,890 persons in 2022, which is lower than the five-year average (12,690). The growth rate last year was 1.49%. Comparatively, the average annual population growth for the five-year period from 2018 to 2022 was 1.96%. 3.10 The semi-annual household estimates presented in Attachment 1, indicate that the Region's annual household growth increased by 3,660 households from 2021 to 2022, representing a growth rate of 1.49%. Comparatively, the annual household growth for the five-year period from 2018 to 2022 was 1.38%. 4. Durham Regional Health Department receives population estimates from the province, that are based on Statistics Canada's annual population estimate for July 1st. This information is used to interpolate the population for May 31 st and December 31 st Page 7 Paae 4 of 4 4. Relationship to Strategic Plan 4.1 This report aligns with/addresses the following strategic goals and priorities in the Durham Region Strategic Plan: a. Priority 5.1 (Service Excellence) — Optimize resources and partnerships to deliver exceptional quality services and value; and b. Priority 5.3 (Service Excellence) — Demonstrate commitment to continuous quality improvement and communicating results. 5. Conclusion 5.1 Council will continue to be kept apprised of emerging population and household data and trends through regular updates of this information. 5.2 A copy of this report will be forwarded to the Area Municipalities, the Durham Regional Police Services, the Local Health Integration Network and the School Boards in Durham. 6. Attachments Attachment #1: Semi-annual Population Estimates, 2018-2022 and Semi-annual Household Estimates, 2018-2022. Respectfully submitted, Original signed by Brian Bridgeman, MCIP, RPP, PLE Commissioner of Planning and Economic Development Attachment 1 Table 1 Semi-annual Population Estimates, 2018-2022 (May and December) Year Ajax Brock Clarington Oshawa Pickering Scugog Uxbridge Whitby Durham 2018 126,840 12,355 97,610 169,685 97,265 23,010 22,310 135,640 684,715 (May) 2018 127,490 12,525 98,820 172,255 98,370 23,010 22,355 136,310 691,130 (Dec) 2019 129,670 12,640 100,215 175,040 98,590 22,080 22,245 136,905 697,385 (May) 2019 130,235 12,720 101,650 176,505 99,595 22,115 22,290 138,120 703,230 (Dec) 2020 132,305 12,910 102,000 179,135 101,310 22,140 22,205 140,755 712,760 (May) 2020 132,705 13,390 102,865 179,530 103,755 22,175 22,275 142,630 719,325 (Dec) 2021 134,225 13,700 104,080 181,080 103,240 22,565 22,350 144,790 726,030 (May) 2021 134,630 13,725 105,525 182,210 103,985 22,550 22,360 147,220 732,210 (Dec) 2022 134,990 13,735 106,195 182,935 104,635 22,535 22,435 149,250 736,705 (May) 2022 135,615 13,755 107,220 185,275 105,185 22,520 22,510 151,010 743,095 (Dec) Note: All figures rounded Source: Statistics Canada Census, Annual Demographic, CMHC monthly housing completions data and building gP&Otgecords. Attachment 1 Table 2 Semi-annual Household Estimates, 2018-2022 (May and December) Year Ajax Brock Clarington Oshawa Pickering Scugog Uxbridge Whitby Durham 2018 38,450 4,575 34,145 64,405 31,545 8,235 7,895 44,315 233,570 (May) 2018 38,650 4,610 34,530 65,380 31,895 8,235 7,915 44,505 235,720 (Dec) 2019 38,740 4,625 34,725 65,765 32,065 8,245 7,925 44,610 236,710 (May) 2019 38,910 4,640 35,180 66,330 32,380 8,255 7,945 44,975 238,620 (Dec) 2020 39,325 4,685 35,460 66,405 32,510 8,260 7,960 45,550 240,160 (May) 2020 39,450 4,785 35,730 66,595 33,215 8,275 7,990 46,110 242,140 (Dec) 2021 39,490 4,790 35,955 66,635 33,425 8,290 8,010 46,460 243,050 (May) 2021 39,610 4,795 36,455 67,050 33,665 8,285 8,010 47,240 245,110 (Dec) 2022 39,715 4,800 36,685 67,315 33,875 8,280 8,035 47,890 246,600 (May) 2022 39,895 4,805 37,040 68,175 34,055 8,275 8,065 48,455 248,770 (Dec) Note: All figures rounded Source: Statistics Canada Census, Annual Demographic, CMHC monthly housing completions data and building pP@jpitl@)cords. cdy 4 PICKERING Corporate Services Department Legislative Services Sent by Email May 29, 2023 The Right Honourable Justin Trudeau Prime Minister of Canada 80 Wellington Street, Ottawa, ON K1 A OA2 pm(cb_pm.gc.ca Subject: Re: Train Derailment — Hazardous Materials File: A-1400 The Council of The Corporation of the City of Pickering considered the above matter at a Meeting held on May 23, 2023 and adopted the following resolution: WHEREAS Main -track collisions and derailments are the most serious categories of rail accidents in terms of the potential risk to the public; And Whereas, a total of 70 main -track derailments were reported in 2020; And Whereas, 30% of the 70 main -track derailments occurred in British Columbia, 20% occurred in Ontario, and 16% occurred in Alberta; And Whereas, main -track collisions and derailments have potentially the highest severity of all rail accident types resulting in substantial damage to property and the environment and can cause injury or fatality; And Whereas, the risks increase significantly when passenger trains are involved or dangerous goods are released from trains that derail in populated areas; Now therefore be it resolved, that The Council of The Corporation of the City of Pickering request that the Federal and Provincial Governments provide the following: What protocols are in place to notify Municipalities of the types of hazardous materials and toxic materials that are being transported within their borders (specifically the City of Pickering); 2. What are the frequencies these materials are being transported through the City of Pickering; 3. What notifications are in place to alert abutting neighborhoods for such transporting; Pickering Civic Complex I One Ti%WIplade I Pickering, Ontario L1 V 6K7 T. 905.420.4611 1 F. 905.420.9685 1 Toll Free 'r866.683.2760 I clerks@pickering.ca I pickering.ca Re: Train Derailment — Hazardous Materials May 29, 2023 Page 2 of 2 4. A copy of this Motion be sent to the Hon Justin Trudeau, Prime Minister of Canada, Hon. Caroline Mulroney, Minister of Transportation, The Hon. Steven Guilbeault, Minister of Environment and Climate Change, Hon. Peter Bethlenfalvy (Pickering -Uxbridge), Jennifer O'Connell (Pickering -Uxbridge), AMO, FCM, The Region of Durham, all Durham Municipalities; and, 5. Request they report back to Council no later than the September 2023 Council meeting. Should you require further information, please do not hesitate to contact the undersigned at 905.420.4660, extension 2019. Yours truly, Susan Cassel City Clerk SC:am Copy: The Honourable Caroline Mulroney, Minister of Transportation The Honourable Steven Guilbeault, Minister of Environment and Climate Change The Honourable Peter Bethlenfalvy, Member of Provincial Parliament, Pickering - Uxbridge Jennifer O'Connell, Member of Parliament, Pickering -Uxbridge The Association of Municipalities of Ontario (AMO) The Federation of Canadian Municipalities (FCM) Alexander Harras, Regional Clerk, The Regional Municipality of Durham; Nicole Cooper, Director of Legislative & Information Services, Town of Ajax June Gallagher, Municipal Clerk, Municipality of Clarington; Chris Harris, Clerk, Town of Whitby; Fernando Lamanna, Clerk, Township of Brock Debbie Leroux, Clerk, Township of Uxbridge Mary Medeiros, City Clerk, City of Oshawa Becky Jamieson, Director of Corporate Services/Clerk, Township of Scugog Chief Administrative Officer Page 12 Oshawa° May 30, 2023 Economic & Development Services Department Planning Services Hon. Steve Clark, Minister of Municipal Affairs and Housing Ministry of Municipal Affairs and Housing Sent online via ERO posting 019-6813 File: 12-03-3564 Re: City Comments on the Proposed Provincial Planning Statement and Summary of Changes Resulting from Bill 97, the "Helping Homebuyers, Protecting Tenants Act, 2023" Please be advised that City Council at a meeting held on May 29, 2023 dealt with the above - noted matter and adopted the following recommendation of the Economic and Development Services Committee: 1. That Report ED-23-112 dated May 3, 2023, including Attachment 3, be endorsed as the City's comments on the proposed Provincial Planning Statement. 2. That Report ED-23-112 dated May 3, 2023, including Attachment 4, be endorsed as the City's comments on Bill 97. 3. That Economic and Development Services staff be authorized to submit the comments contained in Report ED-23-112 dated May 3, 2023 related to the proposed Provincial Planning Statement and Bill 97 in response to the associated proposal posted on the Environmental Registry of Ontario website under Notice 019- 6813 and under Notice 019-6821. 4. That staff be authorized to forward a copy of Report ED-23-112 dated May 3, 2023 and the related Council resolution to the Region of Durham, Durham area municipalities, and Durham area M.P.P.s." Please find enclosed a copy of Report ED-23-112 for your consideration in response to the above -noted ERO posting. If you require further information or clarification, please contact Laura Brown at the address shown or by telephone at (905) 436-3311, extension 2125 or by email to labrown @oshawa.ca. Meaghan Harrington, MCIP, RPP, Manager Policy LB/k Attachment C. Region of Durham Durham area municipalities Durham area M.P.P.s The Corporation of the City of Oshawa, 50 Centre Street South, Oshawa, Ontario L1 H 3Z7 Phone 905.436.3311, ext. 3853 1.800.667.4292 Fax 905.436.5699 www.oshawa.ca/planning P 13 age Dshawa® Public Report To: Economic and Development Services Committee From: Warren Munro, HBA, MCIP, RPP, Commissioner, Economic and Development Services Department Report Number: ED-23-112 Date of Report: May 3, 2023 Date of Meeting: May 8, 2023 Subject: City Comments on the Proposed Provincial Planning Statement and Summary of Changes Resulting from Bill 97, the "Helping Homebuyers, Protecting Tenants Act, 2023" Ward: All Wards File: 12-03-3564 1.0 Purpose The purpose of this Report is to: 1. obtain Council's endorsement of City comments regarding a proposed new Provincial Planning Statement (the "P.P.S."); and, 2. to provide a summary of changes resulting from Bill 97, the "Helping Homebuyers, Protecting Tenants Act, 2023" ("Bill 97"). The proposed P.P.S. was posted on the Environmental Registry of Ontario's ("E.R.O.") website under Notice 019-6813 on April 6, 2023, with comments requested by June 5, 2023. The proposed Bill 97 was posted on the E.R.O. website under Notice 019-6821 on April 6, 2023, with comments requested by May 6, 2023. Attachment 1 is a copy of the proposed P.P.S., which was released on April 6, 2023. Owing to the size of the document, it is not attached to this Report but a copy of the proposed P.P.S. can be viewed at the following link: https:Hero.ontario.ca/notice/019-6813. Attachment 2 is a copy of Bill 97, which was introduced into the Ontario Legislature with first reading on April 6, 2023. Owing to the size of the document, it is not attached to this Report but a copy of the proposed Bill 97 can be viewed at the following link: https://www.ola.org/en/legislative-business/bills/parliament-43/session-1 /bill-97. Attachment 3 presents staff comments on the proposed P.P.S. Page 14 Report to Economic and Development Services Committee Item: ED-23-112 Meeting Date: May 8, 2023 Page 2 Attachment 4 presents staff comments on Bill 97. 2.0 Recommendation That the Economic and Development Services Committee recommend to City Council: 1. That Report ED-23-112 dated May 3, 2023, including Attachment 3, be endorsed as the City's comments on the proposed Provincial Planning Statement. 2. That Report ED-23-112 dated May 3, 2023, including Attachment 4, be endorsed as the City's comments on Bill 97. 3. That Economic and Development Services staff be authorized to submit the comments contained in Report ED-23-112 dated May 3, 2023 related to the proposed Provincial Planning Statement and Bill 97 in response to the associated proposal posted on the Environmental Registry of Ontario website under Notice 019-6813 and under Notice 019-6821. 4. That staff be authorized to forward a copy of Report ED-23-112 dated May 3, 2023 and the related Council resolution to the Region of Durham, Durham area municipalities, and Durham area M.P.P.s. 3.0 Executive Summary Not applicable. 4.0 Input From Other Sources Not applicable. 5.0 Analysis 5.1 Background The Provincial Policy Statement, 2020 (the "Provincial Policy Statement") and A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019 (the "Growth Plan") both provide comprehensive, integrated policy direction on land use planning matters including: • Growth management, housing and economic development; • Infrastructure planning, including sewage, water and stormwater management services, transportation, transit, energy supply and corridor protection; • Protection and management of resources, including prime agricultural areas, aggregates, natural heritage, water, and cultural heritage; and, • Protection of public health and safety, such as mitigating potential risks due to natural and human -made hazards. Page 15 Report to Economic and Development Services Committee Item: ED-23-112 Meeting Date: May 8, 2023 Page 3 The Provincial Policy Statement is issued under the Planning Act, R.S.O. 1990, c. P.13 (the "Planning Act") and is the primary, Province -wide land use planning policy document. The Growth Plan is issued under the Places to Grow Act, 2005 and provides a more detailed framework for where and how growth should be accommodated in the Greater Golden Horseshoe. To the extent that the policies contained in the Growth Plan differ from those in the Provincial Policy Statement the policies of the Growth Plan are paramount. In 2022, the Provincial government undertook a review on approaches for leveraging the housing supportive policies of both the Provincial Policy Statement and the Growth Plan through a streamlined province -wide framework. As directed by Council on November 21, 2022, the City submitted comments to the Province pursuant to Report CNCL-22-78 dated November 16, 2022. The Provincial government received feedback on the following six themes: • Residential land supply • Attainable housing supply and mix • Growth management • Environment and natural resources • Community infrastructure • Streamlined planning framework The Province is now seeking input on a proposed P.P.S. that would replace both the existing Provincial Policy Statement and the Growth Plan. 5.2 Proposed Provincial Planning Statement The purpose of the proposed P.P.S. is to combine the elements of the Growth Plan and the existing Provincial Policy Statement into a new land use policy document. Through the proposed P.P.S. the Provincial government is proposing policies grouped under five pillars: • Generate an appropriate housing supply • Make land available for development • Provide infrastructure to support development • Balance housing with resources • Implementation If the proposed P.P.S. is adopted, the Provincial government would consequentially revoke the existing Provincial Policy Statement and the Growth Plan as well as amend regulations under the Places to Grow Act, 2005. In addition, the Provincial government is proposing an administrative amendment to the Greenbelt Plan in order that the policies in the Greenbelt Plan are maintained should the existing Provincial Policy Statement and the Growth Plan be revoked. Page 16 Report to Economic and Development Services Committee Item: ED-23-112 Meeting Date: May 8, 2023 Page 4 The following subsections provide additional information pertaining to the five pillars. Staff note that the various bullets identifying the purpose and effect of the policies under the various pillars replicate the exact language used by the Province in the E.R.O. posting (i.e., Notice 019-6813). In cases where this language lacks clarity or appears erroneous, staff have provided commentary. 5.2.1 Pillar 1: Generate an Appropriate Housing Supply The first pillar with respect to which the Provincial government is proposing policies under the proposed P.P.S. is to generate an appropriate housing supply. The proposed policies would: ■ Identify large/fast-growing municipalities, with specific directions to plan strategically for growth: o Establish and meet minimum density targets for: major transit station areas, other strategic growth area (e.g., nodes and corridors), urban growth centres (transitioned from the Growth Plan). • Encourage to plan for transit -supportive greenfield density targets. ■ Require municipalities to provide a range and mix of housing options with an expanded definition to include multi -unit types (laneway, garden suites, low and mid -rise apartments) and typologies (multi -generational, student). [Staff comment: It should be noted that the reference to laneway homes and garden suites as examples of multi -unit housing types appears erroneous.] ■ Require all municipalities to implement intensification policies. ■ Provide flexibility for municipalities to allow for more residential development in rural settlements and multi -lot residential development on rural lands, including more servicing flexibility (e.g., leveraging capacity in the private sector servicing). ■ Require municipalities to permit more housing on farms, including residential lot creation subject to criteria, additional residential units and housing for farm workers. ■ Require municipalities to align land use planning policies with housing policies, including addressing homelessness and facilitating development of a full range of housing options and affordability levels to meet local needs. 5.2.2 Pillar 2: Make Land Available for Development The second pillar with respect to which the Provincial government is proposing policies under the proposed P.P.S. is to make land available for development. The proposed policies would: ■ Provide flexibility for municipalities to use government or municipally established forecasts (at minimum), with a transition phase for municipalities in the Greater Golden Horseshoe. Page 17 Report to Economic and Development Services Committee Item: ED-23-112 Meeting Date: May 8, 2023 Page 5 ■ Require municipalities to plan for a minimum 25-year horizon, maintain a 15-year residential land supply and maintain land with servicing capacity for a 3-year supply of residential units. ■ Provide a simplified and flexible approach for municipalities to undertake settlement area boundary expansions. Municipalities would be allowed to create new Settlement Areas and would not be required to demonstrate the need for expansion. ■ Require municipalities to plan for and protect industrial and manufacturing uses that are unsuitable for mixed use areas, using a more narrowly scoped definition of "area of employment" limited to these uses and preserving large, contiguous areas of land. ■ Encourage municipalities to preserve employment areas close to goods movement corridors, coordinating across administrative boundaries and consider opportunities to densify. [Staff comment: It is uncertain as to whether the three directives contained herein relate collectively to just employment areas, or whether they are three separate directives that do not necessarily relate to one another.] ■ Provide municipalities with greater control over employment area conversions to support the forms of development and job creation that suit the local context. 5.2.3 Pillar 3: Provide Infrastructure to Support Development The third pillar with respect to which the Provincial government is proposing policies under the proposed P.P.S. is to provide infrastructure to support development. The proposed policies would: Require municipalities to plan for stormwater management, water and wastewater infrastructure, and waste management systems to accommodate growth. • Require municipalities to protect corridors for major infrastructure, such as highways, transit, transmission systems and encourage municipalities to provide opportunities for the development of energy supply to accommodate current and projected needs. [Staff comment: with respect to providing opportunities for the development of "energy supply", it is unclear if this is intended to relate to energy supply facilities and infrastructure.) • Require the integration of land use planning and transportation with encouragement for freight -supportive and transit -supportive development to move goods and people. • Require municipalities and school boards to integrate planning for schools and growth. Page 18 Report to Economic and Development Services Committee Item: ED-23-112 Meeting Date: May 8, 2023 Page 6 5.2.4 Pillar 4: Balance Housing with Resources The fourth pillar with respect to which the Provincial government is proposing policies under the proposed P.P.S. is to balance housing with resources. The proposed policies would: • Require municipalities to designate specialty crop areas and prime agricultural areas, eliminating the requirement to use the provincially -mapped Agricultural System. • Require municipalities to protect specialty crop areas and maintain minimum separation distances between livestock operations and houses, and promote an agricultural systems approach to support the agri-food network. • Require municipalities to facilitate access to aggregate resources close to market and to protect minerals, petroleum and mineral aggregate resources. • Require municipalities to protect water resources and features and encourage watershed planning. • Update the cultural heritage policies to align with Ontario Heritage Act amendments through Bill 108 and Bill 23, with a focus on conserving protected heritage properties. • Require municipalities to prepare for the impacts of a changing climate and develop approaches to reduce greenhouse gas emissions and improve air quality. • Require municipalities to direct development outside of hazardous lands and sites. As of April 6, 2023, natural heritage policies and related definitions remain under consideration by the government. Once proposed policies and definitions are ready for review and input, they will be made available through a separate posting on the E.R.O. This posting (E.R.O. Number 019-6813) will be updated with a link to the relevant posting once it is available. 5.2.5 Pillar 5: Implementation The fifth pillar with respect to which the Provincial government is proposing policies under the proposed P.P.S. relates to implementation. The proposed policies would: • Align with recent legislative amendments. • Require municipalities to undertake early engagement with Indigenous communities and coordinate with them on land use planning matters to facilitate knowledge -sharing, support consideration of Indigenous interests in land use decision -making and support the identification of potential impacts of decisions on the exercise of Aboriginal or treaty rights. • Affirm that efficient land -use patterns contribute to increased equitable access to housing, employment, parks and transportation, and encourage municipalities to apply an equity lens on planning matters and engage stakeholders early in the process. Page 19 Report to Economic and Development Services Committee Item: ED-23-112 Meeting Date: May 8, 2023 Page 7 • Encourage coordination, particularly on inter -municipal topics. 5.3 Proposed Bill 97 In addition to combining the Provincial Policy Statement and Growth Plan into a proposed single document, the Province is also introducing new legislation under Bill 97, asserting that it will make life easier for both renters and home buyers. The proposed amendments to the Planning Act under Schedule 6 of Bill 97, if passed, would, among other matters, address: ■ Fee Refund Provisions: o Delay the requirement for municipalities to refund zoning by-law and site plan application fees so that it only applies to applications submitted on or after July 1, 2023. o Create Minister's regulation -making authority to be able to exempt municipalities from the fee refund provisions in the future if needed (no exemptions are being proposed at this time). ■ Consequential Changes to Support Implementation of the More Homes Built Faster Act, 2022 (Bill 23): • Clarify that the existing provisions regarding parking spaces for additional residential units apply only to the second and third units on a property. o Make various minor housekeeping edits to support implementation, including the use of consistent terminology. ■ Regulation -Making Authority for Site Plan Control for 10 Units or Less: o Create regulation -making authority to prescribe specific circumstances where site plan control could be used for residential developments of 10 units of less. ■ Appeals of Interim Control By-laws: o Enable an individual who received notice of the passing of an interim control by-law to appeal the by-law at the time of initial passing (rather than only at the time of extension). o Amend the notice and appeal timelines to provide 20 days for municipalities to give notice of the passing of an interim control by-law or a by-law extension (instead of the current 30 days) and for appeals to be made within 50 days of the by-law being passed. Page 20 Report to Economic and Development Services Committee Item: ED-23-112 Meeting Date: May 8, 2023 Page 8 ■ New Authority for Minister's Zoning Orders: Provide the Minister of Municipal Affairs and Housing with the authority to exempt certain subsequent approvals required to establish uses permitted by Minister's zoning orders from having to align with Provincial plans or policies. ■ Ministerial Authority to Require Development Agreements: Provide the Minister of Municipal Affairs and Housing with the authority to require landowners to enter development agreements in relation to lands that have been assigned to the Provincial Land and Development Facilitator. ■ Changes to Employment Area Protections: o Modify the definition of "area of employment" to only include heavy industry and other employment uses that cannot be located near sensitive uses, (i.e., not suitable for mixed use) to scope the applicability of existing provisions which limit appeals of municipal refusals and non -decisions. ■ Regulation -making Authority for New Provincial Policy Document: o Create regulation -making authority to modify the application of Provincial policy statements to decisions on particular matters to support the implementation of provincial policies on a case -by -case basis. In addition, proposed changes to the Ministry of Municipal Affairs and Housing Act, R.S.O. 1990, c. M.46 under Schedule 4 of Bill 97 would provide for the appointment of up to four Deputy Provincial Land Development Facilitators. The Province released Bill 97 on April 6, 2023 and only provided a 30 day comment period ending on May 6, 2023. For this reason staff were unable to provide City Council endorsed comments for Council's endorsement prior to the comment deadline. However, staff have submitted the comments contained in Attachment 4 to the Province with the provision that they represent staff comments and will only be endorsed by Council on May 29, 2023. In the event that the comments are not supported by City Council, staff will ask the Province to consider the comments as withdrawn. In addition, further discussion and staff comments concerning the proposed changes to the Planning Act under Bill 97 involving employment areas is also contained in Attachment 3 and discussed further in Section 5.4 of this Report, given that these particular changes reflect amendments that are proposed as part of the Province's approach to implement the P.P.S. 5.4 Proposed Approach to Implementation of the Proposed Provincial Planning Statement As part of the proposed P.P.S. (under Notice 019-6813), the Province released a document outlining their proposed approach to implementation of the P.P.S., including Page 21 Report to Economic and Development Services Committee Item: ED-23-112 Meeting Date: May 8, 2023 Page 9 proposed effective dates, transition and timing of amendments to area municipal official plans including amendments as a result of Bill 97 concerning areas of employment. The Province's proposed approach to implementation of the P.P.S. and Bill 97 changes is generally as follows: ■ Effective date and transition: The effective date would be the date specified through an order in council approved by the Lieutenant Governor in Council pursuant to section 3 of the Planning Act. o The Ministry is proposing to release the final policies in fall, 2023. Any planning matter decision made on or after the effective date of the new policy document would be subject to the new policies except if a transition regulation were made. ■ Timing for official plan updates: o The Planning Act requires official plans to be revised every five (5) years or every ten (10) years after a new official plan. The intention is that official plans would be updated as necessary to implement these new policies at the time of their ordinary review cycle. ■ Employment area changes: o If the proposed changes are passed, the definition in the Planning Act for `area of employment' would be changed. An area of employment would only include those areas that cannot locate in mixed -use areas and require protection against conversion (i.e. heavy industrial). This change is proposed to take effect on proclamation of the new document. o Many municipalities' existing employment areas currently allow a range of uses which means time sensitive official plan updates will be needed to align with the new definition. o If the proposed changes are approved, areas that do not meet the definition of area of employment would no longer be subject to policy requirements for conversions to non -employment uses. o To maintain the integrity of employment areas, that are intended to remain protected over the long term, municipalities are encouraged to update their official plans to explicitly authorize the site -specific permissions of any existing uses that do not align with the new definition. ■ Various matters specific to the Greater Golden Horseshoe: The Growth Plan currently requires municipalities in the Greater Golden Horseshoe to plan specific population and employment forecasts to 2051. If the municipalities' Page 22 Report to Economic and Development Services Committee Item: ED-23-112 Meeting Date: May 8, 2023 Page 10 official plan is still in progress, it is expected that the municipality would continue to use the 2051 forecasts provided by the province. Lower -tier municipalities would be expected to meet or exceed the growth forecasts allocated to them by the upper - tier. As time passes and forecasts need to be updated, it is expected that municipalities in the Greater Golden Horseshoe would do their own forecasting of population and employment growth. o Bill 23, made changes to the Planning Act that upon proclamation will remove statutory approvals authority from seven (7) upper -tier municipalities. It is anticipated that the change will not take effect until winter 2024 at the earliest. In 2019, the Province established thirty-one (31) Provincially Significant Employment Zones for the purpose of long-term planning for job creation and economic development. The government is seeking feedback on the need to identify Provincially Significant Employment Zones through an alternative approach. Protections would be consistent with the proposed definition of areas of employment. If the proposed changes are passed, there is the potential for the revocation of the Growth Plan and the changes made to the P.P.S. to affect the implementation of policies in the Greenbelt Plan. An amendment is being proposed to the Greenbelt Plan that would indicate that the previous policies in the P.P.S and the Growth Plan would continue to apply in those cases where the Greenbelt Plan refers to them. 5.5 Next Steps Staff are seeking Council's endorsement of the staff comments contained in Attachments 3 and 4 of this Report as the City's comments regarding the E.R.O. postings (i.e., Notice 019-6813 and Notice 019-6821) concerning the proposed P.P.S. and Bill 97. Staff have already submitted comments contained in Attachment 4 to the Province with the provision that they represent staff comments and will only be endorsed by Council on May 29, 2023. In the event that the comments are not supported by City Council, staff will ask the Province to consider the comments as withdrawn. If endorsed by Council, City staff will share the City's comments in Attachment 3 with the Province through the respective posting on the E.R.O. website. Staff will continue to monitor the progression of the proposed new P.P.S. and resulting changes to the Planning Act as a result of Bill 97, and will report back at the appropriate time if deemed necessary (i.e. employment area conversions). 6.0 Financial Implications There are no financial implications associated with the recommendations in this Report. Page 23 Report to Economic and Development Services Committee Item: ED-23-112 Meeting Date: May 8, 2023 Page 11 7.0 Relationship to the Oshawa Strategic Plan The Recommendations advance the Accountable Leadership goal of the Oshawa Strategic Plan. s Tom Goodeve, M.SC.PI., MCIP, RPP, Director, Planning Services Warren Munro, HBA, MCIP, RPP, Commissioner, Economic and Development Services Department Page 24 Item: ED-23-112 Attachment 3 Staff Comments on the Proposed Provincial Planning Statement Question (as posed in E.R.O. Posting Number 019-6813) Staff Comments 1. What are your thoughts on the Staff note that the current Provincial Policy Statement is two years old and the policies that have been current Growth Plan was issued in August 2020 following previous significant included from the Provincial revisions in 2019 and 2017. Both the Provincial Policy Statement and the Policy Statement and the Growth Plan are proposed to be replaced by a single proposed Provincial Growth Plan in the proposed Planning Statement ("P.P.S.") policy document, including the These frequent revisions and issuances of Provincial land use planning proposed approach to implementation? policies have created uncertainty regarding land use planning policy direction and require implementing bodies to continually revise their work plans for effective local implementation. The Province should commit to policy certainty for a defined period of time following the issuance of the proposed P.P.S. to allow municipalities and others the ability to focus on implementation with certainty. It would also provide time to analyze the implementation of the P.P.S. rather than undertaking what appears to be a rushed approach to implementation. ■ Subject to the foregoing, staff support the integration of the Provincial Policy Statement and the Growth Plan into one new Province -wide planning policy document. However, the goal of increasing housing supply and supporting a range and mix of housing options needs to be balanced with the goal of protecting and managing resources, the natural environment and public health and safety. Increasing the supply of housing and supporting a diversity of housing types is important, but should not come at the expense of the environment, or other important planning considerations. ■ Staff support the idea of streamlining and simplifying policy direction, as well as policy direction that allows for flexibility and takes into account local circumstances. Page 1 of 11 Page 25 Question (as posed in E.R.O. Posting Number 019-6813) Staff Comments 2. What are your thoughts on the Staff note that under the proposed P.P.S., large and fast growing proposed policy direction for municipalities including the City of Oshawa will be required to identify strategic large and fast-growing growth areas in official plans along with density targets. municipalities and other municipalities? Staff support identifying strategic growth areas and density targets in official plans. This will ensure that that there is a sufficient supply and mix of housing options. Implementing density targets are helpful as they provide a measurable criterion to assist with growth. However, not all communities are the same and one standard density target across the Greater Golden Horseshoe is not realistic, given differing populations, market conditions, etc. 3. What are your thoughts Staff support increasing the supply of housing and support a diversity of regarding the proposed policies housing types. The following are some land use policies that the government to generate housing supply, should implement: including an appropriate range - Permitting more housing types in certain residential areas/contexts and and mix of housing options? encouraging "gentle density" (while still carefully considering how this will affect neighbourhoods); - Encouraging and planning for growth in strategic growth areas (e.g. Urban Growth Centres, Major Transit Station Area's, etc.); - Implementing robust intensification and density targets; - Implementing policies to ensure that development of lower density development in Greenfield areas proceeds in tandem with higher density development within Built-up Areas, and giving municipalities the ability to regulate the issuance of approvals for lower density development in the event such development outpaces the delivery of a certain level of medium and high density development; - Encouraging the development of complete communities; and, - Requiring municipalities to undertake intensification studies to determine where new development opportunities may exist to accommodate future growth within already built-up areas. Page 2 of 11 Page 26 Question (as posed in E.R.O. Staff Comments Posting Number 019-6813) ■ Staff note that with an aging population, it is important to also consider the inclusion of policies related to providing accessible and affordable housing for persons with disabilities and for persons who may have mobility challenges, many of whom are seniors. ■ In addition to land use planning policies, the Province needs to provide financial assistance to municipalities to assist with increasing the supply of housing and supporting a diverse mix of housing types, including associated hard and soft services. With increases to the housing supply and accelerated housing growth comes an increase in demand for public services such as parks, recreation and fire services, etc. ■ Staff note that the proposed policies concerning settlement area boundary expansions appear to conflict with the intent of other policies in the proposed P.P.S., such as with respect to the protection of prime agricultural lands. The proposed P.P.S. no longer requires a planning authority to demonstrate a need for the expansion (i.e. demonstrate insufficient opportunities to accommodate growth through intensification, redevelopment and/or in strategic growth areas). This may result in premature expansion of settlement area boundaries into prime agricultural areas where opportunities for growth may already exist in already built-up areas. 4. What are your thoughts on the ■ Staff note that there needs to be a balance between increasing the housing proposed policies regarding the supply and protecting and managing resources and the natural environment. conservation of agriculture, Increasing the supply of housing and the range of housing types is important, aggregates, natural and but this should not come at the expense of the environment, or other cultural heritage resources? important planning considerations. ■ Staff also note that under the proposed P.P.S. natural heritage policies have not been finalized or released by the Province. It is unclear when the proposed policies concerning the protection of the natural heritage system will be released and therefore staff are unable to comment at this time. 5. What are your thoughts on the ■ Staff note that under the proposed P.P.S. municipalities can consider, and proposed policies regarding landowners can apply for, the removal of land from employment areas. The planning for employment? test to be met includes demonstrating that there is a need for the removal and that the land is not required for employment uses over the long term. Page 3 of 11 Page 27 Question (as posed in E.R.O. Posting Number 019-6813) Staff Comments In the absence of land budgets and targets to be met with the proposed repeal of the Growth Plan, the application of these tests will rely on targets that are contained in the area municipal official plans. ■ The proposed P.P.S. indicates that "planning authorities may remove lands from employment areas...". Clarity is requested as to whether this ability is limited to municipalities only, or if third parties such as developers may apply to have lands removed from employment lands. ■ Staff note that given the reciprocal changes to the Planning Act under Bill 97, the definition of `areas of employment" will change and may result in changes to the City's existing Official Plan policy framework as it relates to Industrial Areas. For example, areas to be designated as `area of employment' will no longer permit public service facilities as a permitted use, such as parks and community recreation facilities. Any areas which are not explicitly designated as `areas of employment' under the new definition as contained in the Planning Act will no longer be subject to any requirement to demonstrate there is a need for conversion to non -employment uses, such as residential or commercial uses. For this reason, it would be appropriate to clarify that such areas are not to be relied upon to meet a municipality's employment forecast in terms of planning an appropriate land budget. 6. Are there any other barriers to, Staff note that the development community is a key partner in ensuring that or opportunities for, housing development is accelerated. Continuing to work closely with the accelerating development and development community will be important, with support from the Province by construction (e.g., federal encouraging developers to advance residential projects that already have regulations, infrastructure approvals in place. planning and approvals, private/public partnerships for The availability of skilled trades people to undertake construction is critical. servicing, provincial permitting, Enhanced Provincial support for post -secondary programs involving the urban design guidelines, trades should be implemented on a go -forward basis. technical standards, Staff note that another barrier to the acceleration of the development of zoning, etc.)? housing is the investment that will be needed for infrastructure to support new homes. The Province should provide financial support to assist municipalities in accelerating development, which could include funding for new roads, water and sanitary services, trails, recreation centres, parks, fire services, etc. Page 4 of 11 Page 28 General Staff Comments on the Proposed Provincial Planning Statement Description Staff Comments 1. Growth Targets: Staff note that this means long term planning decisions will ■ Under the proposed P.P.S., municipalities will be up to the municipality particularly with respect to where no longer be required to establish or maintain growth is to be accommodated and at what density target specific population and employment targets (e.g. number of people and/or jobs per hectare). Clarity is for a horizon year, for areas outside of requested as to whether a density target for a non -strategic strategic growth areas and major transit growth area established by a municipality will be subject to station areas (e.g. no longer required to meet appeal. a minimum density in greenfield areas). Staff note that the Envision Durham Regional Official Plan ■ Under the proposed P.P.S., the Provincial Amendment includes a planning horizon to 2051, in line with government expects that municipalities will the proposed P.P.S. policies in this regard. continue to use the 2051 targets at a minimum. ■ Under the proposed P.P.S., when updating official plans, municipalities will be required to have enough land designated to meet projected needs for a time horizon of at least 25 years (a change from "up to 25 years"). Page 5 of 11 Page 29 Description Staff Comments 2. Strategic Growth Areas Staff support strategic growth areas being the focus of ■ Under the proposed P.P.S., large and fast- growth. Staff note that that proposed P.P.S. outlines growing municipalities including the City of minimum density targets for Major Transit Station Areas on Oshawa, will be required to identify strategic higher order transit corridors. The minimum density targets growth areas in official plans along with are: density targets and these areas should be the - 200 residents and jobs combined per hectare for those focus of growth. that are served by subways; - 160 residents and jobs combined per hectare for those that are served by light rail or bus rapid transit; or, - 150 residents and jobs combined per hectare for those that are served by commuter or regional inter -city rail. ■ Staff note that the proposed P.P.S. does not provide minimum targets for strategic growth areas, but does require large and fast growing municipalities to identify appropriate targets in their respective area municipal official plans. Identifying strategic growth areas and density targets in official plans will assist with making sure there is a sufficient supply and mix of housing options and will result in more efficient land use patterns. 3. Intensification ■ Staff note that implementing density targets are helpful as ■ Under the current Growth Plan there are they provide a measurable criterion to assist with growth. specific intensification targets which requires However, not all communities are the same and one municipalities to plan for a certain amount of standard density target across the Greater Golden growth within the defined built boundary. Horseshoe is not realistic, given differing populations, market conditions, etc. ■ Under the proposed P.P.S. there are no specific intensification targets to be met. Staff note that with the removal of these intensification targets it may result in more sprawl with a reduction of intensification targets in existing neighbourhoods. This may result in inefficient land use patterns and may also result in increased infrastructure costs to support new homes. Page 6 of 11 Page 30 Description Staff Comments 4. Built Boundary Staff note that the delineated built boundary assists with ■ Under the proposed P.P.S. there is no measuring intensification targets within a municipality. The delineated built-up area. proposed P.P.S. no longer requires a municipality to meet minimum intensification targets outside of its strategic growth areas and major transit station areas. 5. Municipal Comprehensive Reviews Staff note that it is the Province's expectation that a ■ Under the proposed P.P.S. the concept of municipality will update its official plan as often as is municipal comprehensive reviews of official required to ensure compliance with all applicable provincial plans has not been carried forward. plans and policies. 6. Settlement Boundary Area Expansions Staff note that this proposed amendment will allow ■ As mentioned previously, there is no municipalities to expand their urban boundary at any time requirement for municipal comprehensive since it is proposed that there will no longer be a municipal reviews under the proposed P.P.S. It is comprehensive review process. proposed that municipalities have the ability Under the proposed P.P.S., tests for settlement boundary to consider settlement area boundary area expansions are not as stringent as they currently are expansions at any time. under the Provincial Policy Statement. When evaluating a proposed settlement area boundary expansion request, consideration of adequacy of servicing, phasing and agricultural issues such as minimum separation distances will be required. However, a municipality is no longer required to demonstrate that sufficient opportunities to accommodate growth are not available. ■ Staff note there may be more sprawl with settlement area boundary expansions being considered at any time. This may also have negative impacts on infrastructure costs to support new homes. ■ Staff note that there is no limitation of the ability of landowners from applying for an expansion although the Planning Act continues to limit the ability to appeal the refusal of such an application. Page 7 of 11 Page 31 Description Staff Comments 7. Employment Land Conversions Staff note that in the absence of land budgets and targets to ■ Under the proposed P.P.S. municipalities can be met, the application of these tests will rely on targets consider and landowners can apply for the contained in official plans. The Planning Act continues to removal of land from employment areas. limit the ability to appeal refusals or non -decisions of such applications. ■ The test to be met includes that there is a need for the removal, and the land is not ■ Staff note that as a result of Bill 97 and the changes to the required for employment uses over the long definition of `area of employment' in the Planning Act, term. regeneration areas in the City's Official Plan can no longer require studies or applications for conversion of employment uses to non -employment uses in these and other similar areas. 8. Employment Areas Staff note that the Province's expectation is that upon Bill 97 ■ Under the proposed P.P.S. and in the taking effect, the City will have made any appropriate Planning Act through Bill 97, the definition of amendments to its official plan to meet the new definition of `employment area' is proposed to be area of employment' and address any implications of same. changed. The focus will be on uses that Staff request that the Province provide a sufficient transition cannot locate in mixed use areas, such as period to allow the City to complete a fulsome review of its heavy industry, manufacturing and land scale official plan and make any required amendments. warehousing. 9. Provincially Significant Employment Zones ■ Staff note that Provincially Significant Employment Zones ■ In 2019, the Provincial government introduced were introduced without any substantial policy provincially significant employment zones. implementation. These areas will not exist in the proposed ■ Staff also note that the government may consider alternative P.P.S. approaches to protect these lands such as minister's zoning orders. Page 8 of 11 Page 32 Description Staff Comments 10. Agricultural Lot Severances Staff note that having in place policy direction that provides ■ Under the proposed P.P.S. additional continued protection of prime agricultural areas and residences will be permitted on farm promotes Ontario's agricultural system is properties (up to two additional on one parcel important. Depending on the context and purpose of and up to three additional residential parcels). proposed developments, allowing additional residential development in rural settlements and the division of large farms into smaller lots may potentially affect the operational viability of land for agricultural activity. ■ Allowing additional residences for seasonal workers will support growing agricultural businesses and operations. 11. Climate Change ■ Staff note that there needs to be a balance between ■ Under the proposed P.P.S. there will be increasing the housing supply and protecting and managing general policies requiring municipalities to resources and the natural environment. Increasing the plan for climate change. supply of housing and the range of housing is important, but should not come at the expense of the environment, or other important planning considerations. ■ Staff note that the City of Oshawa has adopted both a corporate and a community greenhouse gas reduction plan under the Partners for Climate Protection under the Federation of Canadian Municipalities. 12. Natural Heritage ■ Staff have no comments at this time. Given the current lack ■ Under the proposed P.P.S. natural heritage of material available to review, and that the Province intends has not been finalized and it is unclear what to release a separate posting containing the Natural proposed policies will be brought forward for Heritage policies under the proposed P.P.S. for review and natural heritage system protection. comment, staff request that the Province provide an extended comment period to allow for review by the City, being mindful there is only one (1) more Economic and Development Services Committee meeting scheduled in June before summer recess, thereby limiting staff's ability to report through Council for endorsement of staff comments. Page 9 of 11 Page 33 Description Staff Comments 13. Coordination Staff note that it is anticipated that the planning approval ■ Under the proposed P.P.S. there are policies authority of the Region of Durham will cease at the end of concerning lower -tier municipalities 2024. Staff note that future population and employment coordinating land use planning matters forecasting in coordination with neighbouring municipalities including population, housing and will be a challenge given there are numerous lower -tier employment projections based on a regional municipalities that could be considered to be in the same "regional market area. market area" as the City of Oshawa. The Province should provide more guidance and clarity on how this is achievable without an upper -tier planning authority taking the lead in coordinating such an exercise on such a large geographical scale with numerous stakeholders. ■ Staff note that there may be issues with individual municipalities making decisions only looking within their municipality as opposed to the Growth Plan which requires there to be a coordinated examination of where growth is going to happen. ■ Staff note that conservation authorities have not been identified as a party that should be involved in the coordination of planning matters within regional market areas. Staff recommend the proposed P.P.S. include policy language to recognize that conservation authorities also play an important role in planning for growth in environmentally responsible ways. Page 10 of 11 Page 34 Description Staff Comments 14. Stormwater Management and Water Staff note that the proposed P.P.S. removes water policies - Section 3.6 of the proposed P.P.S discusses that currently require planning authorities to ensure planning for sewage, water and stormwater stormwater management practices minimize stormwater services. volumes, in addition to minimizing contaminant loads. Staff believe that clear policy direction concerning stormwater - Section 4.2 of the proposed P.P.S. discusses volumes as a key consideration in stormwater management wise use and management of water through practices should be retained in the proposed P.P.S. various methods including watershed planning. Staff note that policies in the proposed P.P.S. encourage municipalities to undertake watershed planning to inform planning for sewage and water services, and stormwater management. Staff believe that watershed planning should be undertaken in partnership with the respective conservation authorities, as appropriate. As well, it should be noted that it would be appropriate to undertake watershed planning to prepare for the impacts of a changing climate. ■ The proposed P.P.S. includes a definition for Watershed Planning. It is recommended that the definition be revised to include consideration of the impacts of a changing climate and severe weather events. 15. Natural Hazards ■ Staff note that conservation authorities have not been - Section 5.2 of the proposed P.P.S. discusses identified as a party to consult with when planning management of development in areas authorities are identifying hazardous lands and hazardous containing natural and human -made hazards. sites and managing development in these areas. Staff recommend including policy language that supports collaboration between municipalities and conservation authorities as it relates to identifying natural and human - made hazards. Page 11 of 11 Page 35 Item: ED-23-112 Attachment 4 Staff Comments on Bill 97 (E.R.O. Posting Number 019-6821) Description Staff Comments 1. Site Plan Control Staff note that permitting site - Under Bill 23, if a development had less than 10 units, they would be plan control to be applied to excluded from site plan control. Bill 97 proposes to amend this by developments of less than 10 allowing site plan control to be applied to developments of less than units where the development 10 units where the development is within 120 metres of a shoreline or 300 is proposed within 120 metres metres of a railway line. of a shoreline or 300 metres of a railway line makes sense in principle. However, it is unclear as to why only these two exceptions were made given that there are other types of conditions/contexts where proximity to feature would also seem to merit site plan review (e.g. proximity to highways, arterial roads or hazard lands). Page 1 of 3 Page 36 Description Staff Comments 2. Area of Employment ■ Staff note that if Bill 97 is - The definition of employment area is proposed to be narrowed. The passed the scope of what `area current definition defines an area of employment as lands designated in constitutes an of an official plan for clusters of business and economic uses including (but employment' would be not limited to) manufacturing uses, warehousing uses, office uses, narrowed. associated retail uses and ancillary facilities. Bill 97 proposes to exclude The proposed addition of a institutional uses and commercial uses which include retail and office new section in the Planning uses not associated with primary industrial uses. This exclusion will mean Act as it relates to what can that sites that are currently designated as an `area of employment' in an be deemed an area of official plan may no longer be identified as employment and no longer be employment appears to allow subject to the employment area policies, particularly those pertaining to municipalities to maintain the employment conversions. status quo, provided it adopts - In addition, a new section is being proposed to the Planning Act that official plan policies that states that an area of employment with institutional or non -associated specifically authorize the commercial uses would be deemed an area of employment provided the continuation of institutional following two conditions are met: and non -employment related 1. The lands in question are subject to official plan policies authorizing commercial uses that lawfully the continuation of the use; and, existed prior to the modifiedarea of employment definition 2. The use was lawfully established on the land before the day the Bill 97 coming into effect. modified area of employment definition came into force. 3. Interim Control By-laws Staff note that if Bill 97 is - Section 38 of the Planning Act allows a municipality to pass an interim passed, an appeal can be control by-law. Prior to 2017, interim control by-laws were appealable made at the time of passing within 60 days of passage. This appeal right was removed through Bill an interim control by-law versus at the time of 139 which only allowed private appeals of the renewal of the interim extension. control by-law but limited appeals within the first year of the interim control by-law to only the Province. - If the proposed changes are passed, it will shorten the period of time within which the Clerk of a municipality is required to given notice of an interim control by-law (from 30 days to 20 days) and to enable an individuals who received notice of the passing of an interim control by-law to file an appeal at the time of initial passing. Page 2of3 Page 37 Description Staff Comments 4. Minister's Zoning Orders Staff note that if Bill 97 is - Bill 97 proposes to provide the Province with the authority to exempt passed, this will provide certain subsequent approvals required to establish uses permitted by additional powers to the Province as zoning orders will Minister's zoning orders from having to align with provincial plans or not have to align with policies. provincial plans or policies. This would undermine the intent of Provincial plans and policies and does not constitute a good planning practice. 5. Fee Refund Provisions Staff note that these refunds - The Planning Act was previously amended to introduce a requirement were anticipated and that only that municipalities must refund an application fee if the municipality fails to the timeline for implementation meet statutory deadlines for decisions on zoning by-law amendment has been adjusted. applications, combined zoning-by-law/official plan amendment applications and site plan approval applications. These refund requirements came into force on January 1, 2023. - Under Bill 97, it is proposed that the refund provisions will be delayed until July 1, 2023. In addition, any refund that would have been owing for applications filed before July 1, 2023 are cancelled. In addition, it is proposed that the Minister would have regulation -making authority to be able to exempt certain municipalities from the fee refund provisions in the future if needed (no exemptions are being proposed at this time). Page 3of3 Page 38 Ministry of Natural Resources and Ministere des Richesses Naturelles et Ontario O Forestry des Forks Resources Planning and Development Direction des politiques de planification et Policy Branch d'exploitation des rssources Policy Division Division de 1'e1aboration des politiques 300 Water Street 300, rue Water Peterborough, ON K9J 3C7 Peterborough (Ontario) K9J 3C7 RE: Streamlining of Approvals under the A_g_gre_gate Resources Act and Supporting Policy Greetings, Ontario's aggregate industry plays a key role in our government's vision to Build Ontario, supporting vital development and jobs across the province. The Ministry of Natural Resources and Forestry (the ministry) is proposing changes to Ontario Regulation 244/97 under the Aggregate Resources Act to expand the list of changes that can be made to existing pit or quarry site plans without ministry approval, called self -filing changes (subject to conditions and eligibility), as well as seeking feedback on a new policy that provides direction for making changes to licences, permits and site plans that do require ministry approval. The ministry is proposing to expand the list of small or routine site plan changes to an existing pit or quarry that can be self -filed, provided they satisfy detailed eligibility requirements and specified conditions. If approved, five additional site plan changes will be added to the list of self -filed amendments in the regulation. These are: • Enabling recyclable aggregate material to be imported (concrete, asphalt, bricks, glass, or ceramics) to aggregate sites • Adding or relocating entrances or exits to aggregate sites when the operator can provide proof of the relevant road authority approval for the change • Adding, removing or changing portable processing equipment at aggregate sites (e.g., for crushing or screening aggregate material) • Adding, removing or changing portable concrete or asphalt plants where required for public authority projects • Adding, removing or changing above -ground fuel storage at aggregate sites In addition, the ministry is proposing a new policy to clarify requirements including notification requirements when amendments are proposed to existing licenses, permits, or site plans that require ministry approval. The ministry is also outlining criteria or considerations to determine whether these changes are significant or not. Amendment requests can include changes to site plans, conditions of a licence or permit, or any other information normally included on licences, permits, or wayside permits (e.g., name of operator, address, etc.). Amendment requests can vary in type and complexity ranging from small or administrative changes to significant changes to operations and rehabilitation. Significant changes may require consultation and notification. We invite you to review the changes and offer comments. Page 39 Ministry of Natural Resources and Ministere des Richesses Naturelles et Ontario Forestry des Forks Resources Planning and Development Direction des politiques de planification et Policy Branch d'exploitation des rssources Policy Division Division de ('elaboration des politiques 300 Water Street 300, rue Water Peterborough, ON K9J 3C7 Peterborough (Ontario) K9J 3C7 A complete summary of the proposed regulatory and policy changes can be found on the Environmental Registry at the following address: www.ero.ontario.ca. Then search for notice: 019-6767. There are several ways you can comment on this proposal, including: 1. Directly through the Environmental Registry posting (click on the "Submit a comment" button) 2. By email to aggregatesCa-)-ontario.ca, or 3. By mail to: Resources Development Section Ministry of Natural Resources and Forestry 300 Water Street, 2nd Floor South Peterborough, ON K9J 3C7 If you have any questions, you can contact Jamie Prentice at aggregates(a-)-ontario.ca. Sincerely, Jennifer Keyes, Director, Resources Planning and Development Policy Branch Page 40 KAWARTHA PINE RIDGE DISTRICT SCHOOL BOARD Trustees., Stere Rrruell (CGairp—) ]aiae K/aa.reu]eniuga (i ice-cl�airpenonJ Catly Abraham Paid Bmwn Terry Brown Sean Convay Cyndi Dickson Katbleen Flynn Ro.re Kitny' Angela Lloyd Diane Lloyd Maria A1al f iti Kelly Mitcbell (Sh,denl Tnuteet) Rita Rl1,;ro Direclor oj'Eclurralion EDUCATION CENTRE 1994 Fisher Dtrue Pelerbormargh, Orzfurio 1:9J 6X6 May 24, 2023 Municipality of Clarington 40 Temperance Street Bowmanville, ON L1 C 3A6 June Gallagher, Clerk As required by the Education Act, and pursuant to Ontario Regulation 444/98, the Kawartha Pine Ridge District School Board, hereby advises that it intends to dispose of the property located at 2226 Maple Grove Road, Bowmanville, Ontario. The vacant property was once home to Lord Elgin PS which operated from 1952 to 1983. Following the school's closure, the building served as the Western Area Maintenance Shop until 1992, and then as the Bowmanville Area C.I.S until 2004. In 2011, the school building was demolished. Since that time the property has been vacant. The property is 5.6 acres (2.7 hectares) in area, and is not serviced via municipal services (i.e., water and sanitary). The Board therefore invites those entities as prescribed by Regulation 444198 to respond in accordance with these regulations under the following terms and conditions: The circulation period to entities is a 180-day process; entities have 90 days to submit an expression of interest, and an additional 90 days to submit a bona fide offer of fair market value. Offers will be reviewed in priority of sequence as outlined in Regulation 444/98. Expression of Interest An expression of interest must be in writing, must be signed by a person authorized by the body to express interest on its behalf, and must include: I. The description of the property that is included in this notice to dispose of property, II. The name of the body expressing interest, and III. The date of the expression of interest. Offer A body may submit an offer to the Board in response to the notice to (705) 742-9773 dispose of property, 1 (877) 7414577 I. Along with its expression of interest, or Fa:%r (703) 742-7801 li. After submitting its expression of interest, but before the expiration of 180 days after which the Board issued the notice to �ti"'eGsite: rar�aw.�prrc�iools.ca dispose of property. Page 41 2226 Maple Grove Road, Bowmanville, Ontario May 24, 2023 Page 2 Deadlines The deadline for filing an expression of interest is August 22, 2023. The deadline for filing a bona fide offer is November 20, 2023. Alternate Disposition of Property If no expression of interest is received within 90 days or no offer is received before the expiration of the 180 days, the Board may dispose of the property, subject to approval by the Minister of Education and the Board of Trustees, by other means. For the convenience of those not interested in purchasing the property, a response form is attached, and we request that you kindly complete it and return it to Jeannette Thompson by August 22, 2023. If you would like further details on the property, or wish to express interest in purchasing the property, please contact Jeannette Thompson, Manager, Planning Services at jean nette_thompson @ kprdsb.ca or 1-877-741-4577 extension 2169. Sincerely, April Foster Superintendent, Business and Corporate Services Treasurer of the Board Cc: Jeannette Thompson, Manager, Planning Services Page 42 SIB KAWARTHA PINE RIDGE DISTRICT SCHOOL BOARD RESPONSE FORM RE: 2226 Maple Grove Road, Bowmanville, Ontario I wish to confirm that we will not be submitting an offer on the above noted property and hereby waive our right to do so. Preferred Entity Name: Signing Authority Name: Signing Authority Title: Date: Signature: Please return this form no later than August 22, 2023 to the attention of: Jeannette Thompson Manager, Planning Services Kawartha Pine Ridge District School Board 1994 Fisher Drive Peterborough, ON K9J 6X6 ieannettethompson @ kprdsb.ca 1-877-741-4577 extension 2169 Page 43